If you are involved in a car accident, one of the first things you will be concerned about is whether you and/or your passengers are hurt. Next, you will want to know if you are responsible for the accident in any way. This is because establishing fault in a car crash is at the heart of any personal injury claim that will follow.
But these are not the only concerns you should have following a car accident. If it is clear that the accident was not your fault, then you might be entitled to compensation through a personal injury lawsuit. If you intend to pursue the liable party for compensation, it helps to know that you need to act within a certain time frame.
The statute of limitations controls the case
Every state has a time limit within which the plaintiff can bring a civil or criminal lawsuit against the defendants. This is referred to as the statute of limitations period.
Under Kentucky law, the statute of limitations for personal injury claims is one year. In other words, you have 12 months from the date of the car wreck that resulted in your injuries to file a claim against the responsible party. If you wait any longer, your claim will likely be dismissed.
But why does the statute of limitations exist?
The primary purpose of the statute of limitations is to ensure that your claim can be litigated and decided in a timely manner.
It also ensures that the claim is litigated while its facts are still clear. Finally, a statute of limitations ensures that you pursue your claim with reasonable diligence thus preventing you from filing a claim merely to harass the defendant.
Car accidents happen every day. If you are involved in one and desire to sue for damages, it is important that you understand your legal rights and obligations.